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NEEMA MWANDORO NDURYA v. REPUBLIC

(2008) JELR 98680 (CA)

Court of Appeal  •  Criminal Appeal 446 of 2007  •  18 Jul 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant herein, NEEMA MWANDORO NDURYA, was charged with murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63 Laws of Kenya). The particulars of the offence according to the information laid before the High Court at Malindi were that between 13th and 15th October, 2005 at Kwandamo in Sabaki, Malindi, the appellant murdered Jane Katana Kaka (the deceased).

The trial of the appellant commenced before the superior court at Malindi (Ouko J.) on 13th February 2006 where the learned Judge sat with three assessors (as the law then provided). The prosecution called eight witnesses to testify while the appellant defended herself by making a brief unsworn statement. The summary of the evidence adduced before the superior court was that on 15th October 2005, some women went to fetch some firewood in the village thicket when they came across the decomposed body of a child. The women made a report to the village elder Karisa Wapetumi Kitsao (PW…

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